20160285 Ver 3_Approval Letter_20210212

DocuSign Envelope ID: 2E4276E7-BAEF-478B-B047-6298E564F304
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Lennar Carolinas, LLC
Attn: Mr. Landon Walls
Director of Land Development
1100 Perimeter Park Dr. Ste. 112
Morrisville, NC 27560
Via email at [e-mail]
NORTH CAROLINA
Environmental Quality
February 12, 2021
Subject: Addendum to Individual 401 Water Quality Certification
Oak Pointe Residential Development
USACE Action ID. No. SAW-2016-00095
Mr. Walls,
DWR # 20160285 v3
Wake County
This letter shall serve as an addendum to Individual 401 Water Quality Certification No. WQC004071
issued to Mr. Jason H. Rivenbark and Calatlantic Group, Inc. on September 15,2017. The addendum
approves 9S linear feet of additional stream impacts in order to construct the stream stabilization plan for
a sanitary sewer crossing at Area E as detailed in the modification request dated November 16, 2020.
Please note that you should get any other federal, state, or local permits before proceeding with the
subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -
Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware
that impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC
2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33
Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State
certification or coverage under a general certification required by Section 401 of the Federal Water
Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to
G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to
a maximum of $25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty(60) calendardays. Requirements forfiling a Petition are set forth in Chapter 150B
of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional
D !�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA i
o.aamem a �m.o�maawwuaory 919.707.9000

DocuSign Envelope ID: 2E4276E7-BAEF-478B-B047-6298E564F304
Lennar Carolinas, LLC
DWR# 20160285 v3
Individual Certification #WQC004171 Addendum
Page 2 of 2
information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Rick Trone at [e-mail] if you have any questions or concerns.
Sincerely,
[�:.'BA53EF4EO
OCUSgned by:
...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Jennifer Burdette, McAdams (via email)
James Lastinger, USACE Charlotte Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20160285 Ver 3—Oak Pointe_(Wake)_401_IC_Addendum_RVT